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(영문) 서울중앙지방법원 2018.05.31 2014가합579235
사해행위취소
Text

1. The lawsuit of the Plaintiff A building management body shall be dismissed;

2. The plaintiff C's claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings in each statement of Gap evidence of paragraphs (1) through (8), 12, 13, 28, 30, Eul evidence of paragraphs (1) through (12), 16, 22, 23, and 36 (including each number, if any):

Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), Plaintiff A building management body (hereinafter “Plaintiff A management body”) consisting of all sectional owners of “A” (hereinafter “the instant building”) composed of seven underground floors in Songpa-gu Seoul, four commercial floors in the size of 23 above ground and 476 commercial rooms in the size of 23 stories above ground, all sectional owners of “A” (hereinafter “the instant building”), including the status of parties, is a management body for the purpose of implementing the instant building, the site, and its appurtenant facilities.

Plaintiff

C is an executor who constructed the instant building and owns a partitioned building equivalent to approximately 19% of the total size of the instant building, G Co., Ltd. with four commercial floors and fourteen officetels among the instant buildings.

(Representative H H’s father is a de facto major shareholder of Plaintiff C. hereinafter “G”).

A Co., Ltd. (hereinafter “Nonindicted Company”) is a company established on December 28, 201 in order to impose and collect management expenses for the instant building by sectional owners I, etc. of the instant building.

The defendant is a company that entered into a management service contract for the building of this case with I representing the plaintiff management body around November 2010.

Plaintiff

The instant building, the organization of the management body and the appointment of the manager of which were resolved, began to move from June 2004, but was not held by the management body or the manager from September 2010.

During the above period, G managed the instant building through J Co., Ltd., the subsidiary company of G (K Plaintiff C’s son).

I et al. is a management body to establish a management body of the building of this case around September 2010.

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